Page No.# 1/4 GAHC010184102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2657/2025 MUKTAR HUSSAIN @ MOKTHAR HUSSAIN S/O LT. KHASRU ZAMAN, VILL. KHAGKANDI, P.O. KALIGANJ BAZAR, P.S. KARIMGANJ, DIST. SRIBHUMI (ASSAM) VERSUS THE STATE OF ASSAM, TO BE REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR H R A CHOUDHURY, MS R DEKA,MR. M. A. CHOUDHURY,S S AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 26.08.2025 1. Heard Mr. H.R.A Choudhury, learned Senior counsel assisted by Mr. S.S Ahmed, learned counsel for the petitioner. Also heard Mr. R.J Baruah, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with Page No.# 2/4 Karimganj P.S Case No. 317 of 2025 registered under Section 329(4)/303(2)/351(2)/74/324(5)/189(2)/109 of the B.N.S, 2023. 3. The F.I.R dated 06.07.2025 reveals that the petitioner, armed with other accused persons, with lethal weapons, attacked the victim and his family members, looted money and when the victim tried to prevent them, the accused persons threatened with the weapons and assaulted his mother and that they created ruckus in the house. The informant further stated that the petitioners had brought 3 J.C.Bs and demolished their house. 4. Mr. H.R.A Choudhury, learned Sr. counsel submits that the petitioner had purchased the land from the relatives of the informant and that they are in possession of the said land. The informant had filed title suit which was dismissed for default by the concerned Court. Mr. H.R.A Choudhury, learned Sr. counsel also submits that the petitioner had prayed for initiation of proceedings under Section 163 of the B.N.S.S, 2023 which was allowed by the Court of Ld. Additional District Magistrate, Karimganj/Sribhumi and the informant and the family members were directed not to enter into the schedule land. As such, learned Sr. counsel submits that the land was in possession of the petitioner and not the informant and there was no occasion for the petitioner to demolish the house purportedly stated to be of the informant. 5. Mr. R.J Baruah, learned Additional Public Prosecutor for the State of Assam submits that it is in the statement of the victim as well as other family members that the petitioner had come with 1(one) J.C.B and demolished the house of the informant and also destroyed articles which were there in the house. However, he fairly submits that there was no injury on the part of the informant, although he submits few of the family members of the informant received minor injuries. Page No.# 3/4 6. I have heard the learned counsel for both sides and carefully gone through the Case Diary. It is reflected in the facts of the case that the petitioner has approached the concerned Court to draw up a proceeding under Section 163 of the B.N.S.S, 2023 which shows that the petitioner was in possession of the said land and that the said Court allowed the application filed by the petitioner and had restrained the informant or his family members to enter into the schedule land. It is also noticed that the title suit filed by the father of the informant was also dismissed for default as the informant did not appear before the Ld. Trial Court. It is, as such, seen that the instant matter is, civil dispute to which the parties have sought remedies for their grievances before the appropriate Court of Law. Further, it is seen that no injuries were found on the informant. 7. In view of the facts, this Court deems it fit that the petitioner maybe released on bail on furnishing of a bail bond of Rs. 20,000/- with 1(one) local surety of like amount to the satisfaction of Ld. C.J.M, Karimganj/Sribhumi under the following conditions : (i) The petitioner shall cooperate with the investigation and appear before the I/O as and when called for. (ii) The petitioner shall not temper with the evidence or influence the witness connected with the case. (iii) The petitioner shall not leave his place of residence without the permission of the arresting authority. 8. In view of the above, this petition stands disposed of. JUDGE Page No.# 4/4 Comparing Assistant